Monday, July 23, 2012

Warren vs. District of Columbia

Most folks assume that the police are there to "prtect and serve." But who are they really there to protect and serve? It certainly is not the people...

Here is an introduction to the landmark case, you can read more at Wikipedia
Warren v. District of Columbia[1] (444 A.2d. 1, D.C. Ct. of Ap. 1981) is an oft-quoted[2] District of Columbia Court of Appeals (equivalent to a state supreme court) case that held police do not have a duty to provide police services to individuals, even if a dispatcher promises help to be on the way, except when police develop a special duty to particular individuals.

In this case, three rape victims sued the District of Columbia for negligence on the part of the police. Two of three female roommates were upstairs when they heard men break in and attack the third. They phoned the police, reporting that their house was being burglarized, and waited on the roof. Their call was incorrectly dispatched as less important than it was three minutes after they made the call, and three police cars came to the scene, three minutes after the call was dispatched. One policeman drove by without stopping, and another officer walked up to the door and knocked. Upon receiving no answer, the officers left five minutes after they had arrived. Nine minutes later, the two women called the police again and were assured they would receive assistance. This call was never dispatched and the police never came. Believing that the police had arrived and were in the house, the two women called down to the third who was being attacked. This alerted the intruders to their presence, and they then took them captive at knife-point. They were then raped, robbed, beaten, and forced to submit to the attackers' sexual demands for the next fourteen hours. The court noted that because the police are only under a general duty to provide services to the public at large, a special relationship must exist between the police and the individual in question for the "duty" element of negligence to be satisfied. It held that no such special relationship existed so the case was properly dismissed by the trial court for failure to state a claim and the case never went to trial.[3]

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